A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. In light of the above legal principles, the Defendant only attempted to make a sexual intercourse by cruel and benefiting the victim at the time and place specified in the facts charged, and there is no assault or intimidation to commit rape.

Dor, the Defendant suspended rape with a person, and attempted to commit such rape.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles regarding (i) whether there was assault or intimidation by the perpetrator to establish the crime of rape should be determined based on the specific situation in which the victim was faced at the time of sexual intercourse, taking full account of all the circumstances, including the content and degree of the assault or intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, and the victim could later escape from the scene of the crime before sexual intercourse.

The perpetrator’s assault and intimidation did not reach the extent that the victim’s resistance was significantly difficult solely on the ground that the perpetrator did not resist or resist the victim’s brupt (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). According to the evidence duly adopted and examined by the lower court, the Defendant and the victim came to know at the 2006 KAP that the Defendant and the victim came to know at the KAP where the victim had been working at the KAP, which came to know of the Defendant while going to know at the GAP, around July 20, 2008. Around 203:30 on July 20, 2013, the Defendant was given contact with the Defendant at SP market operated by the Defendant, and on July 21, 2013, the Defendant would drink alcoholic beverages within Schlage, and the Defendant would turn back the victim to 20 to 20:30 on July 21, 2013.